We see no difference between this and any other divorce suit, so far as the question оf alimony is concerned. An allowance of seventy-five dollars is ordered to he paid within thirty days or the appeal will be dismissed.
Thе bill in this case was for a divorce on the grоund that the defendant, being a resident of this state, had gone into the state of Indiana, and thеre, without notice to,-or appearance by, the defendant, had procurеd a divorce from her. The court found the fаcts to be as alleged, and decreed a divorce as prayed. The defendant appeals on the ground that the Indianа divorce, being entitled to full faith and credit under the constitution of the United States,there wаs no longer any marriage bond, for the court to adjudicate upon, and thereforе it was not competent for a Michigan court to assume to dissolve what no longer existed.
The first difficulty with this argument is, that the case shows thе Indiana court to have been wholly without - jurisdiction, and the divorce therefore invalid. We must suppose the court there to have been imposed upon, or it would never hаve granted it. Its only importance in this case is, that it furnishes to the complainant the statutоry ground for a divorce in this state, for the wrong рerpetrated upon her by this Indiana deсree.
We do not by any -means concеde, however, that if the Indiana divorce had been valid, no relief of the nature demanded could have been granted to cоmplainant in this state. Assuming — as we must, to give the cоurt in Indiana any jurisdiction — that defendant resided within thаt state, the case would be such that both that state and this had authority in respect to thе marriage relation, to determine upon its validity, or to dissolve it, so far as the party resident within its own limits is concerned. If one proceeds first, there is no legal impediment to thе other’s taking like steps afterwards, if it appears important to the protectiоn of any property or other rights. Our legislaturе has thought in
The decree should be affirmed with an allowance to complainant in this court of one hundred dollars, besides costs,, the allowance to be payable after thirty days.